1. Acceptance and the agreement
These Terms of Service ("Terms") are a contract between Moneta Technology Inc. ("moneta") and the legal entity you represent ("Customer," "you"). By accessing the Service, creating an account, or signing an Order Form referencing these Terms, you agree to be bound by them.
If a separately negotiated agreement (e.g., a master subscription agreement or enterprise order) exists between you and moneta, that agreement controls over these Terms to the extent of any conflict.
2. Accounts and authorized users
You are responsible for keeping account credentials confidential and for the actions of all Authorized Users in your workspace. You agree to:
- Provide accurate registration and billing information.
- Promptly notify security@monetacloud.com of any unauthorized access.
- Use the Service only for lawful, internal business purposes.
3. Acceptable use
You agree not to:
- Reverse engineer, decompile, or scrape the Service except as permitted by applicable law.
- Use the Service to violate any law, infringe IP, or process unlawful content.
- Interfere with the integrity, performance, or security of the Service.
- Resell, sublicense, or commercially exploit the Service beyond what your Order Form permits.
- Submit malware or attempt unauthorized access to other accounts or systems.
We may suspend or terminate access for material violations after reasonable notice, except where the violation is severe or unlawful.
4. Subscription, fees, and billing
Subscription tiers, included usage, and fees are defined on the Pricing page or in your Order Form. Unless stated otherwise:
- Fees are billed monthly in arrears for usage and monthly in advance for any minimum commitment.
- Invoices are due net 30 from invoice date.
- Past due amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
- Fees exclude taxes, which are your responsibility unless you provide a valid tax exemption.
- Subscriptions auto-renew for successive 12-month terms unless either party gives 30 days' written notice before the renewal date.
5. Intellectual property
moneta retains all rights, title, and interest in the Service, its software, documentation, and any data we generate about Service operation. You retain all rights to your Customer Data (the data you submit to the Service, including cloud billing data).
You grant moneta a limited, non-exclusive license to process Customer Data solely to provide and improve the Service, subject to the DPA.
If you provide feedback, you grant moneta a perpetual, royalty-free license to use it to improve the Service. We won't identify you as the source without permission.
6. Confidentiality
Each party will protect the other's Confidential Information with at least the same degree of care it uses for its own (and no less than reasonable care). Confidential Information may only be used to perform under these Terms and disclosed to representatives with a need to know who are bound by similar obligations.
7. Customer Data ownership and security
You own your Customer Data. moneta processes it under the Data Processing Addendum, which describes our security practices, subprocessors, audit rights, and data transfer mechanisms.
If our security practices are material to your purchase, see the Trust Center for current certifications (SOC 2 Type II, ISO 27001, GDPR) and our most recent penetration test summary.
8. Service availability and support
moneta will use commercially reasonable efforts to maintain the Service. Specific uptime commitments and credits, where applicable, are described in your Order Form or in the Service Level Agreement linked from Trust Center.
Support response targets:
- Starter: email support, best-effort.
- Pro: email + Slack, business hours, 1 business day initial response.
- Enterprise: 24×7 for severity 1 incidents, SLA per Order Form.
9. Term and termination
Either party may terminate for material breach if the other party fails to cure within 30 days of written notice. moneta may suspend the Service for non-payment after 15 days written notice.
Upon termination, your access ends. You can export Customer Data for up to 30 days after termination. After that, we delete it under the schedule in the DPA.
10. Disclaimer of warranties
EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. moneta does not warrant that the Service will be uninterrupted, error-free, or that all defects will be corrected.
11. Limitation of liability
NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL.
EACH PARTY'S TOTAL LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER UNDER THESE TERMS IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limits do not apply to: (a) breach of confidentiality, (b) infringement of the other party's IP, (c) indemnification obligations, or (d) liability that cannot be excluded under applicable law.
12. Indemnification
moneta will defend Customer against third-party claims that the Service infringes a valid patent, copyright, or trademark, and pay damages or settlement amounts finally awarded. Customer will defend moneta against claims arising from Customer Data or breach of acceptable-use rules.
The party seeking indemnification must give prompt notice, sole control of the defense, and reasonable cooperation.
13. Governing law and disputes
These Terms are governed by the laws of the State of Utah, USA, without regard to conflicts-of-law principles. Disputes will be resolved by binding arbitration in Salt Lake City, Utah under the JAMS Streamlined Rules — except either party may seek injunctive relief in court for IP or confidentiality matters.
14. Changes to these terms
We may update these Terms by posting a revised version and notifying account admins at least 30 days before the changes take effect. Material changes that adversely affect your rights will not apply retroactively. Continued use after the effective date constitutes acceptance.
15. Miscellaneous
- Entire agreement. These Terms, the DPA, and any Order Form are the complete agreement between the parties.
- Severability. If any provision is unenforceable, the rest stays in force.
- Waiver. Failure to enforce a right is not a waiver.
- Assignment. Neither party may assign without consent, except to a successor in connection with a merger or sale of assets.
- Notices. Legal notices to moneta must be sent to legal@monetacloud.com.